Introduction:

In order to become eligible for Social Security Disability benefits there are several conditions that must be met.  Generally, the claimant must have worked for a period of time leading up to the date of disability.  The claimant must be unable to perform "substantial gainful activity" that can be expected to last for one year or more.  The claimant would then be entitled to receive social security disability benefits so long as the person remains disabled.  The amount of benefit the person would be entitled to receive would depend, in part, on how much the person made while working. 

Applying for benefits:

Applying for benefits is done by contacting social security and obtaining the application.  You can also schedule a phone appointment where an agent of social security will interview you regarding your claim.  They will want to know all sources of income, your medical history and your employment history.  They may ask you questions regarding any medications you are taking and your educational background.  After they have considered you for both social security income benefits and social security disability benefits, they will issue a decision.  This decision will come in a written form and will advise you if you have received benefits.  If they deny your benefits you will have a short period of time (typically 60 days) to appeal.

Appeal:  

The appeal will require you file additional paperwork and is best handled by an attorney experienced in these matters.  The documents required will be more extensive and a hearing will likely be required before an administrative law judge.  There will be opinions from your treating physicians which will need to be obtained prior to the hearing.  Those opinion must address certain threshold issues to qualify for benefits.  

Decision: 

If you are successful in your claim you will be entitled to medical coverage under Medicare and you will be entitled to monthly benefits that are based upon your income level while you worked.  The amount of income social security gives you credit for can be tricky. An attorney with experience in this area can successfully convince social security that you were making more money than they give you credit for.  This will result in higher benefits if you get approved. 

Feel free to contact our office for a free consultation regarding your social security disability claim.